1.5 Employment Status
This section identifies employee categories and their eligibility for policy coverage, compensation and benefits.
1.51 Employee Categories
A. Classified/Unclassified.
B. Fair Labor Standards Act (FLSA) Exempt/Non-Exempt.
C. Grant Funded.
1.52 Classified/Unclassified and Grant Funded Employees
A. Classified employees are covered by the Personnel Policies and Procedures of the County.
B. Unclassified employees are "at will" employees and are covered by the Personnel Policies and Procedures of the County. However, when dealing with due process, appeals, grievances and employment decisions, “at-will” employees may be separated for cause or no cause and shall not have the right to appeal. The County reserves the right to update this listing based upon the needs of the County. The following positions are designated as unclassified:
1. Offices of the Elected Board of Supervisors: Confidential secretary(s) or administrative assistant(s).
2. Offices of Elected Officials (Excluding Elected Board of Supervisors): One Chief Deputy who is designated either by statute or the Elected Official to act for and perform the duties of such Elected Official; one confidential secretary or administrative assistant.
3. Contracted employees
4. Clerk of the Board of Supervisors
5. Deputy Clerk of the Board of Supervisors
6. Temporary/volunteer employees
7. Department Directors
8. Attorneys-at-law appointed by the County Attorney, Public Defender, Legal Defender, Legal Advocate, Sheriff’s Office and/or the Board of Supervisors.
9. Initial or probationary employees occupying classified positions.
C. Grant Funded Employees: An employee that is contingent upon availability of grant funding. An employee may be separated from employment or have their hours and/or benefits reduced or eliminated due to lack of, or change in, funding and have no appeal rights to the Personnel Commission. Any direct or indirect compensation in the form of wages, benefits, or other compensation at the time of separation will not be considered entitlement. Grant funded employees may be classified or unclassified.
1.53 FLSA Exempt/Non-Exempt
This section is intended to comply with the current provisions of the Federal Fair Labor Standards Act (FLSA).
A. Exempt: Exempt employees are exempt from the overtime provisions of the FLSA. Employees in these positions do not receive overtime or compensatory time. Employees are considered exempt on the basis of their job description and actual duties performed in accordance with definitions and guidelines set forth by the FLSA.
B. Non-Exempt: Non-exempt employees are covered by the overtime and minimum wage provisions of the FLSA. Non-exempt employees become eligible for overtime compensation after working 40 hours in a workweek. Non-exempt employees are eligible for compensation at one and one-half (1.5) times their normal pay rate for time worked over 40 hours. Overtime compensation may be paid out in the employee’s check or may be allocated as compensatory time off as defined by these Policies and Procedures.
1.54 Types of Positions
A. Full Time: A position is considered full time at 32 hours per week or more. Full-time employees are assigned to approved budgeted positions that are an ongoing part of the County's normal staffing plans.
B. Part Time: Part-time employees are regularly scheduled for less than 32 hours per week.
C. Temporary: Temporary employees are in positions that have specified ending dates. These positions are approved to meet County needs in peak work periods, for special programs and to fill department vacancies during the recruiting process. Temporary employees do not receive holiday pay or accrue leave. They are not eligible for health benefits but are covered by workers’ compensation and shall receive retirement credit if they work more than 20 hours per week after 20 non-consecutive weeks within the fiscal year.